Astor Lawyer Seeks Inquiry Into Signature

By SERGE F. KOVALESKI

Published: October 21, 2006

Brooke Astor's court-appointed lawyer is asking the Manhattan district attorney's office to investigate whether a crime was committed during the signing of a final set of changes to Mrs. Astor's will in 2004.

The request by the lawyer, Susan I. Robbins, stems from a report completed this week by a nationally known handwriting expert who concluded that Mrs. Astor ''could not have written the questioned 'Brooke Russell Astor' signature dated March 3, 2004, due to the deterioration of her ability to write her name.''

Barbara Thompson, a spokeswoman for Manhattan District Attorney Robert M. Morgenthau, said Mrs. Astor's lawyer was seeking ''to determine whether or not there are matters that rise to the level of criminality.'' She added, ''We will take a look at the materials.''

Ms. Robbins had retained the handwriting expert, Gus R. Lesnevich, to analyze Mrs. Astor's signature on the last of three amendments to her will that cumulatively would redirect millions of dollars to her son, Anthony D. Marshall. Mrs. Astor, 104, has been in fragile health for several years.

According to interviews and records, several people attended the signing of the amended will, in addition to Mrs. Astor: two of her aides and Francis X. Morrissey Jr., a lawyer with whom Mr. Marshall had a close working relationship at the time. For two years in the mid-1990's Mr. Morrissey was suspended from practicing law in the state for mishandling a client's escrow account.

Mr. Morrissey's lawyer, Michael S. Ross, said yesterday, ''I am confident that the district attorney's office will find that Mr. Morrissey is absolutely innocent of any misconduct.''

One of Mr. Marshall's lawyers, Kenneth E. Warner, said that Mr. Marshall would be shocked if the signature on the third codicil, or amendment to the will, was a forgery.

He added: ''Mr. Marshall did not receive any additional inheritance from the third codicil. It was primarily a tax-planning device to save estate taxes.''

Ms. Robbins has said she became suspicious about the signature because it was much thicker and firmer than the ones on the two earlier amendments. Those two signatures were written in thin, shaky script.